Apparel 
Requirements
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Exclusion Applications to 201 Steel Safeguards |
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April
8 , 2002 Commerce Department Deadline to Review Requests for Exclusions, July 3rd Because the ultimate intent of the safeguards is to protect U.S. economic interests, the U.S. Trade Representative (USTR) was empowered to review and approve requests from U.S. importers who request exclusions to the safeguard duties. The agency had solicited requests in an October 26, 2001, Federal Register notice. Although the deadline was November 13, 2001, the USTR will allow further applications to be filed as late as May 20, 2002. Companies that have already filed exclusion requests are required to provide additional product information by April 23, 2002. Each request will be evaluated on a case-by-case basis, and the USTR will grant only those exclusions that do not undermine the objectives of the section 201 increased duties or TRQs imposed under Proclamation 7529. The USTR will consider (a) whether the subject product is currently being produced in the U.S., (b) whether substitution of the product is possible, (c) whether qualification requirements affect the requestor's ability to use domestic products, (d) inventories, (e) whether the product is under development by a U.S. producer who will imminently be able to produce it in marketable quantities, and (f) etc. The agency has received 1000 such requests for exemptions, of which 150 have been processed to date. Most of such requests have originated from among small U.S. manufacturers who have claimed that they face extreme difficulty in obtaining specialized steel inputs for use in their products. The USTR and Commerce Department, which are working together on the exemptions, have until July 3rd to complete action on the outstanding 850 requests. Because of this deadline it is imperative that any importers wishing to request an exclusion immediately contact us. It is recommended that importers submit the applications as soon as possible to ensure adequate time for review and approval of the application by the agencies. We note that the USTR has recently announced certain exclusions of certain steel products from the scope of the 201 safeguard duties. (For more information see our newsletter, U.S. Trade Representative Issues Exclusions for Certain Steel Products.) If you have any questions on any of the issues raised in this newsletter, please contact George R. Tuttle, III at (415) 288-0428 or via email at geo@tuttlelaw.com. George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco. The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.
Copyright © 2002 by Tuttle Law Offices. All rights reserved. Information has been obtained from sources believed to be reliable. However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.
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